# C_2019413EN.01002901.xml

| 9.12.2019 | EN | Official Journal of the European Union | C 413/29 |
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9.12.2019

EN

Official Journal of the European Union

C 413/29

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Request for a preliminary ruling from the Cour constitutionnelle (Belgium) lodged on 27 September 2019 — Ordre des barreaux francophones et germanophone, Association pour le droit des Étrangers ASBL, Coordination et Initiatives pour et avec les Réfugiés and Étrangers ASBL, Ligue des Droits de l’Homme ASBL, Vluchtelingenwerk Vlaanderen ASBL v Conseil des ministres

(Case C-718/19)

(2019/C 413/35)

Language of the case: French

Referring court

Cour constitutionnelle

Parties to the main proceedings

Applicants: Ordre des barreaux francophones et germanophone, Association pour le droit des Étrangers ASBL, Coordination et Initiatives pour et avec les Réfugiés and Étrangers ASBL, Ligue des Droits de l’Homme ASBL, Vluchtelingenwerk Vlaanderen ASBL

Defendant: Conseil des ministres

Questions referred

| 1. | Must EU law, in particular Articles 20 and 21 of the Treaty on the Functioning of the European Union and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (1) be interpreted as precluding national legislation according to which the provisions that apply to EU citizens and members of their families are similar to those which, in respect of third-country nationals, transpose Article 7(3) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, that is to say, provisions according to which EU citizens and members of their families can be obliged to comply with preventive measures designed to prevent any risk of absconding during the period given to those persons in which to leave the territory following adoption of a decision to terminate residence on grounds of public policy or during an extension of that period? |
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1.

Must EU law, in particular Articles 20 and 21 of the Treaty on the Functioning of the European Union and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (1) be interpreted as precluding national legislation according to which the provisions that apply to EU citizens and members of their families are similar to those which, in respect of third-country nationals, transpose Article 7(3) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, that is to say, provisions according to which EU citizens and members of their families can be obliged to comply with preventive measures designed to prevent any risk of absconding during the period given to those persons in which to leave the territory following adoption of a decision to terminate residence on grounds of public policy or during an extension of that period?

| 2. | Must EU law, in particular Articles 20 and 21 of the Treaty on the Functioning of the European Union and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC be interpreted as precluding national legislation according to which a provision that applies to EU citizens and members of their families who have not complied with a decision terminating residence on grounds of public policy is identical to that applied to third-country nationals in the same situation in relation to the maximum period of detention for the purposes of removal, that is to say, eight months? |
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2.

Must EU law, in particular Articles 20 and 21 of the Treaty on the Functioning of the European Union and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC be interpreted as precluding national legislation according to which a provision that applies to EU citizens and members of their families who have not complied with a decision terminating residence on grounds of public policy is identical to that applied to third-country nationals in the same situation in relation to the maximum period of detention for the purposes of removal, that is to say, eight months?

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(1)  OJ 2004 L 158, p. 77.

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